Notes

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The period may be extended depending on the uncertain factors that may affect an employee during the trial period, such as sick leave or family leave. European countries have a different approach to probationary periods than countries like the USA or Canada, where the probation period of a company can vary from 3 to 6 months. In general, it can be said that the probationary periods in Europe are shorter than in North America. It follows from all of the foregoing, and without its being necessary to examine the other two pleas of inadmissibility raised by EASO, that the claim for annulment is manifestly inadmissible and must therefore be rejected. A probationary period in the Slovak Republic is usually agreed upon in the employment contract for either 3 months or for a maximum of 6 months in the case of senior managers (i.e., those with responsibility for the direction of the company or who report directly to such a manager).
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It is appropriate to begin by examining the second plea of inadmissibility, alleging non-compliance with the rule that the application must correspond to the complaint. On 1 March 2012, the applicant and EASO signed a contract of employment. According to that contract, the applicant was recruited by EASO on the basis of Article 3a of the Conditions of Employment of Other Servants of the European Union (‘the CEOS’), as a member of the contract staff in function group III, grade 9, for a period of three years starting on 16 March 2012, as the EASO Security Officer. So, how long are probation periods in Europe in 2022 actually?
For those reasons, the rule that the application must correspond to the complaint was not complied with and the action should be declared inadmissible. The probationary period in the Netherlands depends on the type of contract an employee may have. If an employee has an indefinite or fixed term contract for 2 years or more, then the period is 2 months. Under the CLA, it is not permissible for employees to have a probation period of 1 month if their fixed employment contract is 6 months or less. Each working individual is entitled to a probationary period in Romania.
I would kindly request to re-analyse the above mentioned documents and to change the first decision regarding my employment contract. To my point a view, the evaluation has been done without taking into consideration the facts as they have been, without applying accordingly the [Staff Regulations of the European Union] and EC [Guides’] requirements, without taking into consideration my written comments on the [r]eport at the expiry of the probationary period drafted by [Mr X on 15 February 2013]. A trial period in Switzerland is also permissible but usually lasts up to 3 months. Norway has a similar probationary limit as Finland and other Nordic countries.
For example, if the contract term is three months to one year, then the probation period is one month. If the contract term is for three plus years or the employment contract does not have a fixed term, then the maximum probation period is six months. Ontslag in an employment contract for six months and one day is allowed, but explicitly state in the employment contract that the duration is for six months and one day, so that the intention of the parties is clear.
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